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- Section 106 of the National Historic Preservation Act (NHPA) states:
"The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally
assisted undertaking in any State and the head of any Federal department or independent agency having
authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the
undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the
undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the
National Register. The head of any such Federal agency shall afford the Advisory Council on Historic
Preservation established under Title II of this Act a reasonable opportunity to comment with regard to such
- Under the NHPA, the Louisiana Office of Cultural Development is given the role of the State Historic Preservation Office (SHPO).
Within the SHPO there are two offices that conduct Section 106 on a joint basis, the Division of Archaeology and the Division of Historic Preservation.
In Louisiana, the Assistant Secretary of the Office of Cultural Development serves as the State Historic Preservation Officer.
- The Division of Archaeology deals primarily with archaeological projects based upon Section 106 of the National Historic Preservation Act.
The National Historic Preservation Act requires the State Historic Preservation Office to “advise and assist” (Section 101) federal agencies in carrying out their historic preservation responsibilities.
This includes consulting on federally funded, licensed and permitted projects and advising agencies on cultural resources projects undertaken as a result of those projects (Sections 106 and 110).
This advice includes considering the appropriateness and adequacy of the efforts undertaken to identify and mitigate archaeological sites. More specifically, under state law La. R.S. 41:1604(1), the Division shall “promulgate reasonable rules and regulations concerning the recovery and study of historic and prehistoric archaeological remains . . . in, on, or under any of the lands belonging to the state of Louisiana . . .”
This responsibility includes any federally funded, permitted or licensed project for which the Division reviews the reports and/or curates the collections and associated records (36CFR800 and memo to the State Archaeologist from the Attorney General, 8 January 2009).
Submit a Project for Section 106 Review
Resources for Section 106 Projects
Field Methods Standards